https://www.taxtmi.com/caselaws?id=313659 A claim petition under Order 21 Rule 58 CPC is not maintainable once the attached property has already been sold and the sale confirmed, because the proviso to Rule 58(1) bars entertainment of a claim or objection at that stage. Dismissal under the proviso leaves the claimant to pursue a separate suit, while adjudication on merits under Rule 58 would produce an appealable order as a decree. The earlier precedent relied on by the claimant was distinguished because it concerned an appeal from a merits-based order where the sale occurred during the pendency of the appeal, not a petition filed after sale. The revision was accordingly dismissed. en-us Wed, 08 Jan 2003 00:00:00 +0530 Sat, 27 Apr 2024 12:07:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313659 A claim petition under Order 21 Rule 58 CPC is not maintainable once the attached property has already been sold and the sale confirmed, because the proviso to Rule 58(1) bars entertainment of a claim or objection at that stage. Dismissal under the proviso leaves the claimant to pursue a separate suit, while adjudication on merits under Rule 58 would produce an appealable order as a decree. The earlier precedent relied on by the claimant was distinguished because it concerned an appeal from a merits-based order where the sale occurred during the pendency of the appeal, not a petition filed after sale. The revision was accordingly dismissed. Case-Laws Indian Laws Wed, 08 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313659